Okaloosa County BOCC — August 2, 2016 — proposed Water & Sewer Ordinance (tracked changes version) — reading text

to the User directing it to cease and desist all such violations and directing the User to: Page 54 of 118  a. Immediately comply with all requirements; and b. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User. (6) Administrative Fines a. When the Code Enforcement Board finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Code Enforcement Board may fine such User in an amount listed in Appendix A for each separate violation. Each day during which a violation occurs is a separate violation. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. b. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of fifteen percent (15%) of the unpaid balance, and interest shall accrue thereafter at a rate of ten percent (10%) per annum. A lien against the User’s property shall be sought for unpaid charges, fines, and penalties. c. Users may appeal the Code Enforcement Board’s determination by pursuing judicial remedies. (7) Emergency Suspensions The Director may immediately suspend a User’s discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. Informal notice shall mean any communication which would reasonably notify the User of the violation. In the event that the Director immediately suspends a User’s discharge, after informal notice, the Code Enforcement Board shall hold a hearing within fifteen (15) business days of the suspension. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least five (5) business days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in Section 24- 102 and required by Section 24-142. At such hearing, the Code Enforcement Board shall consider whether the suspension continues to be justified and required. (8) Suspension After Hearing The Code Enforcement Board may also immediately suspend a User’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 14 days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in Section 24-102 and required by Section 24-142. a. Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User’s failure to immediately comply voluntarily with the suspension order, the Code Enforcement Board may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Code Enforcement Board may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in Section 24-272(c) of this ordinance are initiated against the User. b. A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the Page 55 of 118  measures taken to prevent any future occurrence, to the Director prior to the date of any show cause or termination hearing under Sections 24-272 (c) or (i) of this ordinance. Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this Section. (9) Termination of Discharge In addition to the provisions in Section 24-232(a) of this ordinance, any User who violates the following conditions is subject to discharge termination: a. Violation of individual wastewater discharge permit conditions; b. Failure to accurately report the wastewater constituents and characteristics of its discharge; c. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; d. Refusal of reasonable access to the User’s premises for the purpose of inspection, monitoring, or sampling; or e. Violation of the Pretreatment Standards in Section 24-141 of this ordinance. Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 24- 272 (c) of this ordinance why the proposed action should not be taken. Exercise of this option shall not be a bar to, or a prerequisite for, taking any other action against the User. (10) The remedies and procedures contained herein shall constitute an additional and supplemental means of obtaining compliance with the provisions of this Code. Sec. 24-273. - Judicial Remedies. (1) Injunctive Relief When the Director finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may petition the 1st Circuit Court in and for Okaloosa County, Florida through the County’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the User. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User. (2) Civil Penalties a. A User who has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued here under, or any other Pretreatment Standard or Requirement shall be liable to the County for a maximum civil penalty of the maximum allowed under State law but not less than the amount listed in Appendix A, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. b. The County may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the County. c. In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the User’s violation, corrective actions by the User, the compliance history of the User, and any other factor as justice requires. Page 56 of 118  d. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User. (3) Criminal Prosecution a. A User who willfully or negligently violates any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine or imprisonment as provided by law. b. A User who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty or imprisonment as provided by law. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law. c. A User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not more than the maximum fine allowable under State law per violation, per day, or imprisonment as provided by law. (4) Remedies Non-exclusive The remedies provided for in this ordinance are not exclusive. The County may take any, all, or any combination of these actions against a non-compliant User. Enforcement of pretreatment violations will generally be in accordance with the County’s enforcement response plan. However, the County may take other action against any User when the circumstances warrant. Further, the County is empowered to take more than one enforcement action against any non-compliant User. Sec. 24-274. - Supplemental enforcement action. (1) Penalties for Late Reports A penalty of $50 shall be assessed to any User for each day that a report required by this ordinance, a permit or order issued hereunder is late, beginning five days after the date the report is due [higher penalties may also be assessed where reports are more than 30-45 days late]. Actions taken by the County to collect late reporting penalties shall not limit the County’s authority to initiate other enforcement actions that may include penalties for late reporting violations. (2) Performance Bonds The County may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to comply with any provision of this ordinance, a previous individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, unless such User first files a satisfactory bond, payable to the County, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance. (3) Liability Insurance The County may decline to issue or reissue an individual wastewater discharge to any User who has failed to comply with any provision of this ordinance, a previous individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, unless the User first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. Page 57 of 118 (4) Payment of Outstanding Fees and Penalties The County may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this ordinance, a previous individual wastewater discharge permit, or order issued hereunder. (5) Water